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Court of Appeal in Key Ruling on the Right of a Third Party to Appeal

The Court of Appeal has ruled in M A Holdings Limited v. George Wimpey UK Limited [2008] EWCA Civ 12 that the definition of an appellant for the purposes of CPR Part 52 is not limited to a party that was involved in the proceedings in the court below. The Court held that a developer, whose land was allocated for residential development in a local plan, was entitled to appeal the decision of the High Court quashing the local plan allocation under section 287 of the Town and Country Planning Act 1990 notwithstanding that it had not been a party to the proceedings in the High Court. The Court held that it would be inherently unlikely in light of the overriding objective if the new Civil Procedure Rules regarding who may be an appellant were more restrictive than the corresponding rules in the pre-CPR era.

Robin Purchas QC and James Neill act for the appellant.